Mohammed Khaleel vs The Municipal Commissioner
2022 Latest Caselaw 1074 Tel

 THE HON'BLE THE CHIEF JUSTICE SATISH CHANDRA SHARMA
                                           AND
       THE HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI

                      WRIT APPEAL No.147 OF 2022

JUDGMENT: (Per the Hon'ble the Chief Justice Satish Chandra Sharma)

        The present writ appeal is arising out of the order dated

28.03.2016          passed        by     the      learned       Single    Judge    in

W.P.No.33025 of 2010.

        The undisputed facts of the case reveal that the writ

petition was preferred by one Mohammed Khaleel, who is writ

appellant also, praying for the following relief:-

                 "Petition under Article 226 of the Constitution of India
        praying that in the circumstances stated in the affidavit filed
        therewith, the High Court may be pleased to issue an
        appropriate writ, order or direction, more particularly one in
        the nature of writ of Mandamus directing the respondents not

to change the petitioner's name in house property tax and water tax bearing No.9-4-183 to 185 situated at Aziz Street, Khammam of the petitioner without issuing any notice or without following due process of legal procedure is being illegal, arbitrary and violative of articles 14, 21 and 300-A of the Constitution of India"

The learned Single Judge has dismissed the writ petition

holding that unless and until the competent Civil Courts, which

are seized of the matters, finally decide the rights of the parties

with regard to the subject house property, the

respondent/Municipal Corporation cannot take a final decision

in the matter with regard to in whose name mutation of the

property shall be effected. Meaning thereby, there are civil suits

pending between the parties and in those circumstances, the

learned Single Judge has declined to interfere in the matter. In

the considered opinion of this Court, the learned Single Judge

was certainly justified in not interfering with the matter, keeping

in view the pendency of the civil suits.

Resultantly, the writ appeal stands disposed of with a

liberty to take appropriate action, in accordance with law, after

the civil suits are decided.

Pending miscellaneous applications, if any, shall stand

closed. There shall be no order as to costs.

________________________ SATISH CHANDRA SHARMA, CJ

_______________________ ABHINAND KUMAR SHAVILI, J

08.03.2022 JSU